Court No. - 49
Case :- APPLICATION U/S 482 No. - 14168 of 2018 Applicant :- Narendra Kumar Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- S Sengar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed against the NBW dated 15.03.2018 passed by the learned Principal Judge, Family Court, Hamirpur in pursuance of the order dated 22.03.2014 in Case No. 106/11 of 2017 (Smt. Sandhya Gubarele & another Vs. Narendra Kumar Gubarele), under Section 125(3) Cr.P.C., Police Station- Chikasi, District- Hamirpur, by which maintenance allowance @ Rs. 4,000/- per month to the opposite party no. 2 and @ Rs. 3,000/- per month to the opposite party no. 3 has been awarded by the learned court below from the date of that order.
Learned counsel for the applicant submits that the applicant has also been making compliance of the aforesaid order but that due to the fact that his mother fell ill, the applicant could not make full compliance and presently a sum of Rs. 84,000/- (approx.) is claimed to be due against the applicant. Certain receipts of deposits made by the applicant are also annexed with the present application.
It is also undisputed that the applicant is working as a class four employee with the Jal Nigam, Jalaun.
Considering the above, the present application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security to the tune of Rs. 84,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 15.05.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to pay to opposite parties or deposit before the learned court below, monthly maintenance allowance from the period May, 2018 onwards as and when it becomes due, under the impugned order at the aforesaid rates i.e. @ Rs. 7,000/- per month (in all) to the opposite parties.
3. The applicant shall deposit a sum of Rs. 84,000/- being amount of arrears payable to the opposite party nos. 2 and 3 in five bi-monthly instalments, such instalments being payable on or before 30.06.2018, 31.08.2018, 31.10.2018, 31.12.2018 and 28.02.2019 respectively. The first four instalments would be of Rs. 15,000/- each while the fifth/last instalment would be for the balance amount.
Any amount deposited by the applicant may be adjusted towards payment/s to be made by the applicant.
Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant till the next date of listing.
All the amounts if deposited by the applicant in the Court below shall be released to the opposite party nos. 2 and 3 forthwith.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court.
Order Date :- 24.4.2018 A. Singh